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Wild Police Car Chase with Accident, Minor Injuries, Arrests

Rhode Island police car chase accidentThere was recently a police chase in Salem Massachusetts (Ma).  A concerned citizen reported an incident of a motor vehicle driving erratically. The Salem police responded to the scene and located a motorist passed out behind the wheel of the Mercedes automobile. Incredibly, the auto was in drive and his foot was holding down the brake to the auto.

When the police officer woke up the passed out man, the police allege that he took off down the road. The man allegedly was going at a high rate of speed down a dead end!

According to Boston CBS Local: “After turning around, police say Figueroa hit several parked cars to get around the first cruiser; drove off the road and over a snow embankment to get around a second cruiser that was responding; and slammed head-on into a third responding cruiser.”

http://boston.cbslocal.com/2014/03/22/salem-nh-pd-three-cruisers-damaged-man-behind-bars-after-wild-chase/

After the head on crash with the police vehicle, the alleged criminal scofflaw accelerated and rammed the police cruiser nearly 15 feet to get away.

He  allegedly nearly ran over another police officer who was at the scene of the crash

He later collided into two other police cruisers who had responded to the scene of the wrecks.

The Salem Mass. police arrested the man and charged him with violating numerous Mass. criminal laws. He was “charged with Driving While Intoxicated, three counts of Reckless Conduct, Second Degree Assault, Possession of a controlled drug with intent to distribute, and Resisting Arrest or Detention.” http://boston.cbslocal.com/2014/03/22/salem-nh-pd-three-cruisers-damaged-man-behind-bars-after-wild-chase/

Two police officers were injured in these accidents.

If these injuries and accidents occurred in Rhode Island (RI), in all likelihood the officers would be barred from seeking damages as a result of their injuries pursuant to the Rhode Island “police officers rule” and “firefighters rule”. They would have great difficulty finding a Rhode Island personal injury attorney willing to pursue a the RI car accident case on their behalf.

These RI  laws bars a police officer’s negligence claims when three elements have been met:

“(1) the officer was injured in the course of performing tasks relating to his or her employment, (2) the risk of injury was one that the officer could reasonably anticipate would arise in the dangerous situations that the officer’s employment typically required him or her to encounter, and (3) the alleged tortfeasor was the individual responsible for bringing the officer to the scene of a potential crime, fire, or other emergency where the injury then occurs. These elements have been satisfied in this case. ..” Day v. Caslowitz, 713 A.2d 758, 760 (R.I. 1998)  http://www.rhodeislandpersonalinjuryattorneyblog.com/2010/09/rhode-island-personal-injury-law-police-officer-rule-and-firefighters-rule/

“The police officer’s rule,” like its progenitor, “the firefighter’s rule,” limits the general duty of care in negligence. The rule arose from the presumption that   “[p]ublic-safety officers are deemed ‘as a matter of law, [to] assume all normal risks inherent in their duties when they accept their positions * * *[,] ’” Day v. Caslowitz, 713 A.2d 758, 760 (R.I. 1998)

Post by RI and MA Personal Injury Lawyer, David Slepkow 401-437-1100

 

 

 

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